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Home My WebLink About100-93 RESOLUTION• • • FILED FOR RECORD '93 UGT 18 A(1 10 -P3 WASHINGIUN CO AR A. KORYEYFR RESOLUTION NO. 100-93 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GENERAL UTILITY EASEMENT GRANTING A 30 FOOT UTILITY EASEMENT ON CITY OWNED PROPERTY IN THE INDUSTRIAL PARK SOUTH AT 15TH STREET AND HAPPY HOLLOW ROAD STREETS FOR CITY STREET/SANITATION SERVICE CENTER FACILITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk to execute a General Utility Easement granting a 30 foot utility easement on City owned property in the Industrial Park South at 15th Street and Happy Hollow Road for the city street/samtation service center facility. A copy of the easement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 5th day of October , 1993. ATTEST: By: APPROVED: Fr arms,Mayor 93 60377 • • • • PROJECT City Shop Utilities GENERAL UTILITY EASEMENT STATE OF ARKANSAS BE IT KNOWN BY THESE PRESENTS: COUNTY OF WASHINGTON That for and in consideration of One Dollar ($1.00) and other valuable considerations to the undersigned, City of Fayetteville. Arkansas. a municipal corporation. (herein styled Grantor) paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation (herein styled Grantee), its successors and assigns, the right of way and permanent easement to construct, lay, remove, relay, replace, enlarge and operate a water and/or sewer pipe line or lines, manholes, natural gas, electncal power, and telephone and television communication line or lines, and appurtenances thereto, on, over, across, and under the following described real estate, to -wit: PROPERTY DESCRIPTION: A part of the Northwest Quarter (NW14) of Section Twenty-three (23), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, more particularly described as Lot No. Two (2) and Lot No. Three (3) of Fayetteville industrial Park, Fayetteville, Arkansas, as recorded in Plat Book 66, Plat 600 of the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. PERMANENT EASEMENT DESCRIPTION: A thirty (30) foot wide general utility easement described as being parallel with, contiguous to and west of the entire east line of (a) said Lot No. 2 and (b) the north 619 feet of the east line of said Lot No. 3, said easement being 1,140 fed, more or less, in length. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, until the use of said Easement is relinquished, abandoned or vacated and so long as such pipe line or lines, electrical power, telephone and/or television lines or cables, manholes and/or appurtenances thereto shall be maintained, with ingress to and egress from the real estate first hereinabove described for the purpose of constructing, inspecting, maintaining and repairing said lines and/or cables, manholes and appurtenances of Grantee above described, and the removal, renewal and enlargement of such at will, in whole or in part. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, lines and/or cables, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water, and to pay any damages which may arise to growing crops or fences from the construction, maintenance and operation as determined by three disinterested persons, one thereof to be appointed by the said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of such three persons shall be final and conclusive. The Grantor agrees not to erect any buildings or structures in said right of way other than fences and said fences shall not exceed six (6) feet in height. The Grantee shall have the right to construct additional pipe lines, electrical power lines, telephone and/or television lines or cables upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. 93 60378 • • GENERAL UTILITY EASEMENT City of Fayetteville Page 2 of 2 It is hereby understood and agreed that the party securing this grant in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof this the S,iC day of m,../ , 199 3 . ATTEST: BY: Sherry Thomas City Clerk STATE OF ARKANSAS COUNTY OF WASHINGTON CITY OF FAYETTEVILLE 411144441 Fred anna, Mayor ACKNOWLEDGMENT ss (Seal) BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, within and for the County and State aforesaid, duly commissioned and acting, personally appeared, Fred Hanna and Sherry Thomas to me well known, who stated that they are the Mayor and City Clerk of the City of Fayetteville Arkansas , a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf o[ said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this ,SXC_ day of mr d , 199 3 MY COMMISSION EXPIR /c' -r-. ooa >77 Qr ! :.•••••• 1 - 1 �witit ' e 93 60379 PROJECT City Shop Utilities GENERAL UTILITY EASEMENT STATE OF ARKANSAS ) BE IT KNOWN BY THESE PRESENTS: COUNTY OF WASHINGTON That for and in consideration of One Dollar ($1.00) and other valuable considerations to the undersigned, City of Fayetteville. Arkansas, a municipal corporation. (herein styled Grantor) paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation (herein styled Grantee), its successors and assigns, the right of way and permanent easement to construct, lay, remove, relay, replace, enlarge and operate a water and/or sewer pipe line or lines, manholes, natural gas, electncal power, and telephone and television communication line or lines, and appurtenances thereto, on, over, across, and under the following described real estate, to -wit: PROPERTY DESCRIPTION: A part of the Northwest Quarter (NWA) of Section Twenty-three (23), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, more particularly described as Lot No. Two (2) and Lot No. Three (3) of Fayetteville Industrial Park, Fayetteville, Arkansas, as recorded in Plat Book 66, Plat 600 of the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. PERMANENT EASEMENT DESCRIPTION: A thirty (30) foot wide general utility easement described as being parallel with, contiguous to and west of the entire east line of (a) said Lot No. 2 and (b) the north 619 feet of the east line of said Lot No. 3, said easement being 1,140 feet, more or less, in length. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, until the use of said Easement is rehnquished, abandoned or vacated and so long as such pipe line or lines, electrical power, telephone and/or television lines or cables, manholes and/or appurtenances thereto shall be maintained, with ingress to and egress from the real estate first hereinabove described for the purpose of constructing, inspecting, maintaining and repairing said lines and/or cables, manholes and appurtenances of Grantee above described, and the removal, renewal and enlargement of such at will, in whole or in part. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, lines and/or cables, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water, and to pay any damages which may arise to growing crops or fences from the construction, maintenance and operation as determined by three disinterested persons, one thereof to be appointed by the said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the wntten award of such three persons shall be final and conclusive. The Grantor agrees not to erect any buildings or structures in said right of way other than fences and said fences shall not exceed six (6) feet in height. The Grantee shall have the right to construct additional pipe lines, electrical power lines, telephone and/or television lines or cables upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. • • GENERAL UTILITY EASEMENT City of Fayetteville Page 2 of 2 It is hereby understood and agreed that the party securing this grant in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof this the S day of lz�.-�4-) , 199 3 . ATTEST: BY: Sh rry Thomas, ity Clerk STATE OF ARKANSAS COUNTY OF WASHINGTON CITY OF FAYETTEVILLE 444 Fred H na, Mayor ACKNOWLEDGMENT ss (Seal) BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, within and for the County and State aforesaid, duly commissioned and acting, personally appeared, Fred Hanna and Shelly Thomas to me well known, who stated that they are the Mayor and City Clerk of the City of Fayetteville. Arkansas , a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing mstrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this -% day of (jc) 199 3 MY COMMISSION EXPIRES: /0—w-a2o29 1 Notary Public • • a,,e ,Croom .mai Keen tf3> • • t ▪ 11 .g0 16E4/"ZoG • 147•1. 6;42.50.440.47— 1 • !d O AMAU [4[10[R lad [UCH MO[ 0I CEsTC L S1) 1111..... _4.q1 \ en town sutra se .Y .......M...T LIMIT[ 1104_ PCS CT ./0M.0. ITY Wltl • 20' YRITY [*SCANT •• Wei W0 •N•M[ 4d Rwo • UTILITY (AM:IENS Lei 4 vg man 1 ■ TY •4• 01 Cm LIMITS • •